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Vol. 581 Thursday, No. 1 26 February 2004 DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES DA´ IL E´ IREANN TUAIRISC OIFIGIU´ IL—Neamhcheartaithe (OFFICIAL REPORT—Unrevised) Thursday, 26 February 2004. Requests to Move Adjournment of Da´il under Standing Order 31 ……………… 1 Order of Business ……………………………… 3 Death of Macedonian President: Expressions of Sympathy ………………… 9 Personal Statement by Minister of State ……………………… 9 Order of Business (resumed)……………………………10 Presentation of Revised Estimates: Motion ……………………… 16 Social Welfare (Miscellaneous Provisions) Bill 2004: Second Stage (resumed)……………………………16 Referral to Select Committee ………………………… 83 Message from Seanad ……………………………… 83 Messages from Select Committees ………………………… 83 Ceisteanna — Questions Minister for Justice, Equality and Law Reform Priority Questions …………………………… 83 Other Questions …………………………… 97 Adjournment Debate Matters …………………………… 105 Adjournment Debate Tourism Promotion …………………………… 106 Health Board Services …………………………… 110 Hospital Services ……………………………… 113 Local Authority Funding …………………………… 116 Questions: Written Answers …………………………… 121 1 2 DA´ IL E´ IREANN DI´OSPO´ IREACHTAI´ PARLAIMINTE PARLIAMENTARY DEBATES TUAIRISC OIFIGIU´ IL OFFICIAL REPORT Imleabhar 581 Volume 581 De´ardaoin, 26 Feabhra 2004. Thursday, 26 February 2004. ———— Chuaigh an Ceann Comhairle i gceannas ar 10.30 a.m. ———— Paidir. Prayer. ———— Requests to move Adjournment of Da´il under who seek permission to build homes for their Standing Order 31. families. An Ceann Comhairle: Before coming to the Mr. F. McGrath: I seek the adjournment of the Order of Business, I propose to deal with a Da´il under Standing Order 31 to debate the number of notices under Standing Order 31. I will following urgent matter: the closure of the Irish call on the Deputies in the order in which they Wheelchair Association’s wheelchair sales and submitted their notices to my office. repair business at its national headquarters in Clontarf with the tragic loss of 12 jobs and the Mr. Connolly: I seek the adjournment of the urgent need to devise a more creative and Da´il under Standing Order 31 to debate the positive proposal to tackle unemployment among following urgent matter: the planning the disabled. requirement that one must now secure a neighbour’s written permission to maintain his or Mr. Morgan: I seek the adjournment of the her hedgerows, the stipulation that applicants for Da´il under Standing Order 31 to debate the planning permission must produce a legal following urgent matter: the dumping of document signed and witnessed by their solicitor documents from the Department of Justice, indicating the approval of the adjacent neighbour Equality and Law Reform in an illegal landfill site or neighbours on both sides to care for the hedges at Eskra, County Tyrone, the necessity for a full adjoining the proposed dwelling, the possibility and frank statement on the matter by the of double jeopardy applying with farmers already Minister concerned, the implications of this obliged to maintain the hedgerows in a discovery, the example this sets for members of manageable state of repair while legally requiring the public and the knowledge, if any, of the adjacent planning applicants to maintain the Department and the Minister involved of this same hedgerows and the consequent conferral of illegal activity. a right of veto on such neighbours which will impact seriously on planning proposals by placing Mr. Cullen: The Deputy might be able to intolerable burdens on people in rural Ireland assist himself. 3 Order of 26 February 2004. Business 4 An Ceann Comhairle: Having considered the Mr. Kenny: What caused the delay in the matters, I do not consider them to be in order circulation of the Revised Estimates as set out in under Standing Order 31. the public notice today? Mr. Cullen: Will there be bunkers involved? Mr. Gormley: Will we require a Supplementary Estimate to provide extra security for the visit of Mr. Morgan: If the Minister for the President George W. Bush, given the thousands Environment, Heritage and Local Government who will protest against him? was more proactive, we would not have this problem. An Ceann Comhairle: That does not arise. An Ceann Comhairle: I ask that the Minister Mr. F. McGrath: There will be thousands on for Defence be allowed to state the Order of the streets. Business without interruption. Caoimhghı´nO´ Caola´in: Will the Minister Mr. Morgan: The Minister for the please explain to the House why, a handful of Environment, Heritage and Local Government is weeks into this session and this year, we are joking about a very important matter. looking at revised Estimates already? What does that indicate in terms of the degree of preparation An Ceann Comhairle: Deputy Morgan should and the exactitude of those responsible for allow the Minister for Defence to speak. preparing the Estimates in the first instance for 2004? Here we are so early into the year and Mr. Morgan: It is not a matter to be joked clearly much of what has been presented no about. longer has any reality. This was pointed out by Opposition Deputies repeatedly at the time and An Ceann Comhairle: Deputy Morgan, I ask here we are with revised Estimates in February. you to resume your seat. Surely this is indicative of something absolutely wrong within the Department. Mr. Morgan: On a point of order, it is not a laughing matter. Mr. M. Smith: It is not the first time Sinn Fe´in got things wrong. An Ceann Comhairle: If you do not resume your seat, the Chair will facilitate you leaving Caoimhghı´nO´ Caola´in: It is what the the House. Department got wrong. Mr. Morgan: I do not want you to facilitate me An Ceann Comhairle: Allow the Minister to leaving the House. continue please. An Ceann Comhairle: Deputy, you will leave if Mr. M. Smith: The Estimates forwarded to the you do not resume your seat. House prior to the budget was the Book of Estimates. Following the budget there were new Mr. Morgan: It is not appropriate for the provisions, which happens every year, and now Minister to joke about such an important matter. we have the Revised Estimates which contains I ask you to rein in the Minister. the original Estimates, as decided, and the additional items put forward in the budget. There An Ceann Comhairle: Resume your seat. is nothing sinister or underhand. It is totally open, transparent and accountable. Order of Business. Caoimhghı´nO´ Caola´in: Is the Minister aware Minister for Defence (Mr. M. Smith): It is that the Department—— proposed to take No. 12a, motion re presentation and circulation of Revised Estimates 2004; No. An Ceann Comhairle: The Minister for 3, Social Welfare (Miscellaneous Provisions) Bill Defence, without interruption, please. 2004 — Second Stage (resumed); No. 21, An Bord Bia (Amendment) Bill 2003 [Seanad] — Mr. M. Smith: I ask the Deputy to take his Second Stage (resumed). It is proposed, beating now and then. notwithstanding anything in Standing Orders, that No. 12a shall be decided without debate and Caoimhghı´nO´ Caola´in: I hope that was not a any division demanded thereon shall be taken punishment beating he was referring to. forthwith, and the proceedings on the resumed Second Stage of No. 3 shall, if not previously Mr. M. Smith: I will come back to the Deputy concluded, be brought to a conclusion at 3.30 p.m. in relation to a delay. I am not aware of any particular delay. What we have here is a provision An Ceann Comhairle: There are two proposals which enables us to proceed with the Revised to put to the House. Is the proposal for dealing Estimates, but I will be in touch with the with No. 12a without debate agreed? Deputy directly. 5 Order of 26 February 2004. Business 6 Mr. Kenny: I am sure it will be earth shattering. 2004. It is absolutely imperative that all Deputies who wish to participate on Second Stage are An Ceann Comhairle: Is the proposal agreed? accommodated. I know the Minister has been Agreed. Is the proposal for dealing with No. 3, under some pressure recently and this has been conclusion of Second Stage of the Social Welfare reported in lots of media outlets. This morning I (Miscellaneous Provisions) Bill 2004, agreed? was greatly shocked to note that under a photograph of the Minister read the caption “The Mr. Kenny: It is not agreed. We have a long- Passion of the Christ”. I did not realise that the standing objection to guillotines. I note that the Minister, Deputy Coughlan, was in need of such Minister of State or acting Whip has changed the sympathy and support. Nevertheless, I hope the business from what the Government Whip same passion is not visited on the House and that brought in yesterday. We object to guillotines as the Minister for Defence, Deputy Michael Smith, a matter of principle. and the Minister for Social and Family Affairs, Deputy Coughlan, agree to remove the guillotine Mr. Stagg: I welcome what seems to be a from this debate. reshuffle of Ministers of State and welcome the Minister of State, Deputy Browne, as the new Mr. M. Smith: I can imagine how shocked the Whip. I hope he will be in that position for a very Deputy was when he saw the photograph. long time. On No. 3, there are many Members on both sides of the House lining up — they were Caoimhghı´nO´ Caola´in: I am sure the Minister fighting with one another on the floor of the was shocked. He will never witness the same—— House last night — trying to speak on the Bill. ´ There is a limited amount of time remaining for An Ceann Comhairle: Deputy O Caola´in that debate. We have had some success by putting should allow the Minister to continue without pressure on the Government to stop wholesale interruption.